CONTEMPT OF COURT DECISION FOR FACEBOOK ADMIN
WORDS MARTY LEDWICH
Judge Clare SC of the Brisbane District Court handed down her decision at a hearing held on Thursday December 12.
The charge of contempt follows Ms Leigh’s outburst on her Facebook group accusing Bruder Expedition Pty Ltd of further misleading and deceptive conduct. This action contravened a gag order imposed upon Ms Leigh after Bruder won its injurious falsehood lawsuit against her.
Sources who attended the hearing told RV Daily Ms Leigh was not in court to hear the outcome and had to be called into the hearing by telephone. Ms Leigh told the court the case should be postponed on the basis that she had lodged an application for an appeal against the earlier injurious falsehood judgement. Judge Clare refused citing that the two cases were separate.
The court heard Ms Leigh claim, before she wrote the offending posts, she had consumed a few glasses of wine indicating this may have impaired her judgement. Judge Clare asked QC Martin "was she drunk"? QC Martin replied, "she was drunk at the time she wrote the posts and it's in her submission”.
Mark D Martin QC for Bruder told the court Ms Leigh had shown no remorse for her actions and that a criminal conviction was warranted.
Judge Clare said that it was a borderline decision and instead imposed a penalty of 200 hours of community service to be served as full days and completed within 12 months. Ms Leigh cannot leave the state of Queensland before completing her community service without first obtaining the court’s permission. Ms Leigh was also ordered to pay Bruder’s costs which amount to an estimated $8000. Ms Leigh is considering her appeal options.
The administrator of the Lemon Caravans and RVs in Aust. Facebook group, Ms Tracy Leigh, has been found guilty of contempt of court
NEWS Bruder vs Leigh court update
ABOVE Tracy Leigh. Image credit: AAP Image - Attila Csaszar
In passing her sentence, Judge Clare asked Ms Leigh if she understood the severity of the charges brought against her and that, if she reoffends, she may be brought back before the court for possible resentencing. Ms Leigh replied, “I don’t have a choice, do I”.
A decision on granting Ms Leigh’s appeal against the original injurious falsehood judgement has not yet been made however, Bruder is continuing the process to obtain the $357,000 in damages it was awarded as a result of winning that case.
An Enforcement Hearing has been set for January 16, 2020 to determine Ms Leigh’s ability to pay the damages. Ms Leigh has been summoned to appear at the hearing and will be compelled to present to the court details of all her assets and that would presumably include any monies donated to her as a result of her crowd-funding efforts via her Facebook group. If the court determines she cannot afford to pay the damages bill, Ms Leigh faces possible bankruptcy.
Ms Leigh has since updated the terms of membership of her Facebook Group stating, “Due to recent legal developments where I lost my case and contempt of court, the group can no longer allow naming of dealers and manufacturers who are causing problems for consumers”.
NEWS Bruder vs Leigh court update
CONTEMPT OF COURT DECISION FOR FACEBOOK ADMIN
WORDS MARTY LEDWICH
The administrator of the Lemon Caravans and RVs in Aust. Facebook group, Ms Tracy Leigh, has been found guilty of contempt of court
Judge Clare SC of the Brisbane District Court handed down her decision at a hearing held on Thursday December 12.
The charge of contempt follows Ms Leigh’s outburst on her Facebook group accusing Bruder Expedition Pty Ltd of further misleading and deceptive conduct. This action contravened a gag order imposed upon Ms Leigh after Bruder won its injurious falsehood lawsuit against her.
Sources who attended the hearing told RV Daily Ms Leigh was not in court to hear the outcome and had to be called into the hearing by telephone. Ms Leigh told the court the case should be postponed on the basis that she had lodged an application for an appeal against the earlier injurious falsehood judgement. Judge Clare refused citing that the two cases were separate.
The court heard Ms Leigh claim, before she wrote the offending posts, she had consumed a few glasses of wine indicating this may have impaired her judgement. Judge Clare asked QC Martin "was she drunk"? QC Martin replied, "she was drunk at the time she wrote the posts and it's in her submission”.
Mark D Martin QC for Bruder told the court Ms Leigh had shown no remorse for her actions and that a criminal conviction was warranted.
Judge Clare said that it was a borderline decision and instead imposed a penalty of 200 hours of community service to be served as full days and completed within 12 months. Ms Leigh cannot leave the state of Queensland before completing her community service without first obtaining the court’s permission. Ms Leigh was also ordered to pay Bruder’s costs which amount to an estimated $8000. Ms Leigh is considering her appeal options.
ABOVE Tracy Leigh. Image credit: AAP Image - Attila Csaszar
In passing her sentence, Judge Clare asked Ms Leigh if she understood the severity of the charges brought against her and that, if she reoffends, she may be brought back before the court for possible resentencing. Ms Leigh replied, “I don’t have a choice, do I”.
A decision on granting Ms Leigh’s appeal against the original injurious falsehood judgement has not yet been made however, Bruder is continuing the process to obtain the $357,000 in damages it was awarded as a result of winning that case.
An Enforcement Hearing has been set for January 16, 2020 to determine Ms Leigh’s ability to pay the damages. Ms Leigh has been summoned to appear at the hearing and will be compelled to present to the court details of all her assets and that would presumably include any monies donated to her as a result of her crowd-funding efforts via her Facebook group. If the court determines she cannot afford to pay the damages bill, Ms Leigh faces possible bankruptcy.
Ms Leigh has since updated the terms of membership of her Facebook Group stating, “Due to recent legal developments where I lost my case and contempt of court, the group can no longer allow naming of dealers and manufacturers who are causing problems for consumers”.